[NNagain] Scope of "Network Neutrality"?

[Jack Haverty <jack@3kitty.org>]

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Steve's message (or perhaps it was a deep fake generated by an AI and 
not really from Steve?) got me thinking about "Network Neutrality" and 
Email, and wondering how they (and other "applications")  relate to each 
other.

I don't know if there is a legal definition of "network neutrality", but 
Wikipedia says:

"*Network neutrality*, often referred to as *net neutrality*, is the 
principle that Internet service providers 
<https://en.wikipedia.org/wiki/Internet_service_provider> (ISPs) must 
treat all Internet <https://en.wikipedia.org/wiki/Internet> 
communications <https://en.wikipedia.org/wiki/Communication> equally, 
offering users <https://en.wikipedia.org/wiki/User_(computing)> and 
online content providers consistent rates irrespective of content, 
website <https://en.wikipedia.org/wiki/Website>, platform 
<https://en.wikipedia.org/wiki/Computing_platform>, application 
<https://en.wikipedia.org/wiki/Application_software>, type of equipment, 
source address, destination address, or method of communication (i.e., 
without price discrimination 
<https://en.wikipedia.org/wiki/Price_discrimination>)"

If I put on my non-techie hat and think like a lawyer or politician for 
a minute (and IANAL), what does "Network Neutrality" mean to me?

My ISP provides me with a variety of "internet communications" 
services.  It includes the ability to send and receive IP datagrams, but 
as a non-techie human I don't do that myself or even know what it 
means.   To me, the Network is all about what I use it to do. That 
includes email, using the web, and other forms of interacting with other 
humans and organizations.

My ISP provides me with an email address and the ability to send and 
receive email.  Many ISPs apparently do this too.   Some also provide me 
the ability to have my own website which the ISP operates somewhere in 
its "cloud".

There is much more to "Internet communications services" than just 
transporting IP datagrams, especially in the minds of the non-techie masses.

Does this mean that email, web hosting, and other such communications 
that people do on the 'Net must conform to whatever laws, rules, 
regulations, and policies are created to enforce Network Neutrality?  
Why would Network Neutrality be limited to just the service of 
transporting IP datagrams?

So, ...

Does that mean that all email must be treated equally?  Can ISPs, or 
their Users, limit the kinds of content that can be sent in email? Must 
all "spam filters" be removed since they treat email communications 
differently based on content, addresses, or other characteristics?   Can 
"mailing lists" (like this one) restrict the content sent through them 
or the addresses allowed to use them?

Does that mean that all websites must be treated without prejudice -- so 
that features like "ad blockers" become illegal?

Does that mean that "social media" communications services are ISPs, 
since they provide communications service as part of the Internet? Are 
they subject to Network Neutrality laws and regulations?

You probably get the idea....   Thinking like a lawyer or policy-maker, 
how would you answer such questions?   How do you think the actual 
policy-makers will?

Jack Haverty


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